All publications relating to ‘Workplace Health and Safety’
Mandatory Workplace Vaccination: The Current State of Play
As the Covid-19 vaccination process slowly but surely proceeds, the issue of mandatory workplace Covid-19 vaccination is increasingly coming under consideration. Two recent Fair Work Commission (FWC) unfair dismissal cases, relating to refusals by employees to have flu vaccinations, offer some useful insights into the approach that will likely be…
Workplace Health and Safety Compliance is not about the ‘Nanny State’
It is no surprise that some employees, employers and media commentators hold the view that many workplace health and safety measures are largely a manifestation of the so-called ‘Nanny State’, infantilising workers and undermining the concept of personal responsibility. For them, WHS is yet another battleground in the ongoing ‘culture wars’…
The Fair Work Commission Kicks Off Review of Casual Terms in Modern Awards
The Fair Work Commission has today issued directions programming its approach to reviewing and varying modern awards in light of amendments to the passage of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021. The FWC has until 27 September 2021 to consider whether a “relevant term”…
Federal Government responds to AHRC Respect@Work Report
The Federal Government has responded to the Respect@Work Report (the Report) which was presented to the Government by the Sex Discrimination Commissioner, Kate Jenkins, in March last year as part of the Australian Human Rights Commission’s (AHRC) landmark National Inquiry into Sexual Harassment in Australian Workplaces. Broadly, the AHRC made…
The Federal Government Announces Proposed Workplace Relations Reforms
On 9 December 2020, the Federal Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) to Parliament which will seek to implement reform to several major elements of Australia’s industrial relations laws. This article provides a high-level overview of some of the key points of…
Compulsory Vaccinations for Employees: The Legal Position
In the midst of the COVID-19 pandemic, and the race to create a safe, effective vaccine for the virus, the issue of vaccination is firmly on the agenda. For instance, the CEO of Qantas, Alan Joyce, has recently caused controversy by suggesting that passengers on Qantas international flights might need to…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (Covid-19 Edition)
It’s that time of year. The‘Silly Season’. For many organisations, the official employer Christmas party is imminent. But this year, 2020, it’s with a difference. Employer Christmas parties will be held against the backdrop of the global Covid-19 pandemic. The starting point for such parties is that they are an extension of…
Right to toilet break a relief for employees
In the recent decision of Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd [2020] FCA 1258, an Australian court (namely the Federal Court) has, for the first time, held that employees have a workplace right to use the toilet and drink water while at work. This determination was made…
Claiming to be a modern-day Mr Darcy was no defence to sexual harassment
In the recent matter of Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126 (Hughes v Hill), the Full Court of the Federal Court of Australia rejected a categorisation of conduct by a lawyer towards his employee as romantic gestures akin to those of the well-known literary figure, Mr Darcy, rather…
Abuse from the Anti-Mask ‘Activists’: The Obligations of Employers
One very recent and unwelcome phenomenon during the Covid-19 pandemic in Australia has been the emergence of the anti-mask “activists” (often described using the recently minted pejorative “Karen”). Media reports (largely based on social media posts) suggest they are especially prevalent in Victoria, where masks in public have been made…